AI Structured Summary
Not yet generated for this judgment
Judgment
This Writ Petition was filed by the original petitioner, for the following reliefs:-
“for grant of an appropriate writ in the nature of Certiorari or an order or direction for quashing proceedings of the BPLE Case No.119 of 2019-20 including a notice dated 25/2/2020 issued by the respondent no.4 (Annexure-15) and for any other appropriate writ or order or direction as this Hon’ble Court may deem fit and proper.”
Heard learned counsel representing the petitioners and learned counsel representing the respondents.
The original petitioner had challenged the impugned notice under Section 3 of the Bihar Public Land Encroachment Act in B.P.L.E. Case No.119/19-20, issued by the Collector on 25.02.2020 (Annexure-15 to the writ petition). He had also challenged the said proceeding.
The said notice in clear terms, directed the original petitioner to appear in the Encroachment Case and file his objections, as the Authority prima facie considered that the land bearing Khata No.61, Plot No.6737, Area 5.93 Decimal, Mauja-JNAC, Thana/ Ward No.12, P.S. Sidgora, District East Singhbhum, is a public land, and has been encroached upon by the original petitioner.
Since merely a notice had been issued by the Collector under the Bihar Public Land Encroachment Act, and the said notice is not vague and had also been issued by the competent Authority, and nor is beyond jurisdiction, I am not inclined to interfere with the notice.
The petitioners should appear before the Authority and take all the pleas available to them, which will be considered by the Authority while passing the final order.
It is made clear that without passing the final order, the Authority cannot take any coercive step against the petitioners.
With the aforesaid observations and directions, this Writ Petition stands disposed of.